1 Title
2 Commencement
Part 1Preliminary provision
3 Purpose
Part 2Amendments to principal Act
Subpart 1—Principal Act
4 Interpretation
Primary responsibilities of participants in land transport system
5 General requirements for participants in land transport system
6 Drivers not to be reckless or dangerous
7 New section 8 substituted
8 Drivers not to be careless or inconsiderate
8 Loads transported by vehicles to be secured
9 Drivers not to exceed specified alcohol limits
10 Persons not to drive while under influence of alcohol or drugs
Additional responsibilities concerning road transport
11 New heading and sections 22B and 22C inserted
Traction engine safety
22B Operators of traction engines to hold appropriate current qualification
22C Traction engine to be safe and operated in compliance with regulations and rules
Driver licensing
12 Director may issue temporary driver licences
13 New section 26 substituted
26 Drivers may be tested and examined
14 Photographic driver licences
15 New section 28A inserted
28A Transitional provisions for photographic driver licences
16 New sections 29A and 29B inserted
29A Persons convicted of specified serious offences prohibited from holding or applying for passenger endorsement
29B Passenger endorsement may be reinstated in certain cases
17 Driver licences are property of Director and are to be returned if suspended, revoked, etc
Transport services licensing
18 New Part 4A inserted
Part 4ATransport services licensing
Subpart 1—Primary responsibilities of holders of transport service licences
30A Requirements for vehicles
30B Provision of identification information in Braille
Subpart 2—Fit and proper person test
Assessment criteria
30C General safety criteria
30D Additional criteria for small passenger service vehicles and vehicle recovery service
30E Additional criteria for large passenger service vehicles
30F Additional criteria for goods service
Information requirements
30G Director may require information for fit and proper person assessment
30H Director's duties concerning prejudicial information
30I Non-disclosure by Director of information for safety reasons
Subpart 3—Licensing of transport services
30J Transport service operators may not carry on certain transport services unless licensed to do so
30K Application for transport service licence
30L Grant of licence
30M Conditions of transport service licences
30N Transfer, assignment, or lease of transport service licence prohibited
30O Term of transport service licence
30P Director may grant applications for approved taxi organisations
30Q Circumstances in which Director must grant applications for approved taxi organisations
30R Director may revoke approval
Subpart 4—Revocation of transport service licences
30S When Director may revoke transport service licence
30T Procedure Director must follow before revoking transport service licence
30U Suspension of transport service licence
Subpart 5—Adverse decisions
30V Interpretation
30W Director to notify proposal to make adverse decision
30X Procedure for consideration of information
30Y Director's determination
Work time and logbooks
19 New Part 4B inserted
Part 4BWork time and logbooks
30Z Application of Part
30ZA Director may grant exemptions or approve alternative fatigue management schemes
Subpart 1—Work time
30ZB Application of subpart
30ZC Limits on work time
30ZD Records must be kept
Subpart 2—Logbooks
30ZE Application of subpart
30ZF Drivers must maintain logbooks
30ZG Director may approve or revoke alternative means of recording matters
30ZH Duties regarding logbooks
Subpart 3—Evidence in proceedings
30ZI Evidence in proceedings for offences against subpart 1 or subpart 2
20 Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), or 30(3)
Offences relating to driving (other than alcohol-related offences) and penalties
21 Contravention of section 5(1)(c)
22 New section 33A inserted
33A Offence to operate as driving instructor without authorisation
23 Contravention of section 7 or section 22 involving injury or death
24 New section 36B inserted
36B Contravention of section 22B or section 22C
25 Contravention of section 8 causing injury or death
26 Failure to secure load
27 New section 43A inserted
43A Courts may impose appropriate fines for infringement offences that are not overloading offences
28 New section 47 substituted
47 Contravention of section 22(2), (3), (4), or (5)
29 Contravention of section 97(5) or (6)
30 Contravening notices, requirements, etc, given or imposed by enforcement officers
Driving offences involving drink or drugs, and penalties and procedures
31 Contravention of specified breath or blood-alcohol limit
32 Contravention of section 12
33 Failure or refusal to permit blood specimen to be taken
34 Person in charge of motor vehicle causing injury or death
35 Defences
36 Mandatory penalties for repeat offences involving use of alcohol or drugs
37 Who must give blood specimen in hospital or surgery
Offences and penalties relating to transport services
38 New Part 6A inserted
Part 6AOffences relating to transport services and penalties
79A Offence to carry on transport service without licence
79B Provision of incorrect information
79C Failure to present vehicle for inspection
79D Contravention of section 30K
79E Liability of persons who use unlicensed transport service
79F Contravention of section 30M
79G Contravention of section 87G
79H Contravention of section 128A
79I Contravention of section 128B
79J Liability of employers and principal
79K Liability of directors of bodies corporate
79L Court may require convicted transport service licence holder to sit examination
79M Penalties for failure to pay passenger service fares
Offences relating to work time and logbooks
39 New Part 6B inserted
Part 6BOffences relating to work time and logbooks
79N Failure to keep or produce records or comply with conditions of exemption or approval
79O Failure to comply with prescribed work time restrictions or rest time requirements
79P Defences to work time offences
79Q Failure to discharge duties regarding logbooks
79R Offences and proceedings concerning logbooks
79S Defences to logbook offences
Offences relating to chain of responsibility
40 New Part 6C inserted
Part 6COffences relating to chain of responsibility
79T Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
41 New section 79U inserted
79U Offence to cause or require driver to breach maximum gross weight limits
Disqualification, demerit points, licence suspension, and vehicle impoundment
42 Provisions relating to mandatory disqualification
43 Holder to undergo prescribed tests if disqualified for more than 1 year
44 New section 84 substituted
84 New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
45 New sections 87A to 87G inserted
Disqualification of transport service driver and other persons
87A Disqualification of transport service driver
87B Disqualification of holder of transport service licence from holding transport service licence
87C Procedure for disqualifying person under section 87A or section 87B
Suspension of transport service driver and other persons
87D Immediate suspension of transport service driver and other persons in interests of public safety
87E Procedure for suspending a person under section 87D
87F Term of suspension
Effect of disqualification or suspension of transport service driver and other persons
87G Effect of disqualification or suspension of transport service driver and other persons
46 Demerit points to be recorded by Director
47 New section 90 substituted
90 Suspension of licence or disqualification from driving under demerit points system
48 Substitution of community-based sentences
49 Mandatory 28-day suspension of driver licence in certain circumstances
50 Vehicle seized and impounded for 28 days in certain circumstances
51 New section 96A inserted
96A Impoundment of vehicle used in transport service
52 Release of vehicle after 28 days
Mitigation of penalties and rights of appeal
53 Court may remove disqualification
54 New section 99A inserted
99A Director may approve programmes
55 Director to remove certain disqualifications
56 Appeal to police against impoundment of vehicle
57 Persons who may apply to court for limited licence
58 Issue of limited licence to be delayed or prohibited in certain cases
59 Court may make order authorising grant of limited licence
60 Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
61 New sections 111A and 111B inserted
111A Appeal to High Court on question of law
111B Further appeal to Court of Appeal
Enforcement of responsibilities
62 Enforcement officers may enforce transport legislation
63 New section 113A inserted
113A Power to inspect records
64 Power to require driver to stop and give name and address, etc
65 Enforcement officers may give directions prohibiting driving of vehicles
66 Owner or hirer to give information as to identity of driver or passenger
67 Powers of entry
68 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
69 New sections 128A and 128B inserted
128A Enforcement officer's powers in respect of non-complying small passenger service vehicles
128B Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles
70 Strict liability for offences involving insecure loads and loads falling from vehicles
Proceedings enforcing responsibilities
71 Offences punishable summarily
72 Time for instituting proceedings
73 New section 145A inserted
145A Evidence and proof
74 Evidence of testing and accuracy of speed-measuring devices, etc
Land transport subordinate legislation
75 Rules concerning vehicles
76 Rules concerning licensing, standard-setting, etc
77 Rules concerning land transport documents
78 Regulations
79 Regulations relating to fees and charges for land transport
80 New section 168A inserted
168A Director may declare that vehicle is mobility device or is not motor vehicle
Land Transport New Zealand
81 Functions and powers of Director
82 Authority to maintain register of driver licences
83 New section 199A inserted
199A Register of transport service licences
84 Restrictions on access to photographic images of driver licence holders
Miscellaneous provisions
85 Appointment of enforcement officers and dangerous goods enforcement officers
86 New section 211A inserted
211A Payment of fees
87 Repeals
88 Transitional regulations
89 Expiry of section 216
90 Expiry of section 218
Subpart 2—Repeals, amendments, and transitional and savings provisions
Consequential amendments to Transport Act 1962
91 Interpretation
92 General penalties
93 Sections 70B to 70D repealed
94 Schedule 2 amended
Other consequential amendments
95 Repeals, revocations, and consequential amendments
Transitional and savings provisions
96 Rights of existing transport service licence holders
97 Rights of existing approved taxi organisations
98 Rights of existing operators of traction engines
99 Transitional provision for notices given under section 96 of the principal Act
100 Transitional provision for holders of exemptions in respect of driving hours or logbooks
ScheduleEnactments amended
Legislative history
The Parliament of New Zealand enacts as follows: